Ram Bali & 3 Ors. vs State Of U.P. & Thru. Prin. Secy. ...
2014 Latest Caselaw 2711 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 10790 of 2013
 

 
Petitioner :- Ram Bali & 3 Ors.
 
Respondent :- State Of U.P. & Thru. Prin. Secy. Home Civil Sectt.Up. & Ors
 
Counsel for Petitioner :- R.S. Tomar
 
Counsel for Respondent :- Govt. Advocate,Vivek Manishi Shukla
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard the learned counsel for the petitioners, the learned A.G.A. and Sri Vivek Manishi Shukla, learned counsel for the complainant.

This petition has been filed by the petitioners Ram Bali & 3 Ors. with a prayer to quash the impugned F.I.R. in case crime no. 507 of 2013, under sections 363, 366  I.P.C. , P.S. Dhaurahra, district Kheri Lakhimpur.

From the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the impugned F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.

The interim order dated 10.4.2014 is hereby vacated.

However, considering the nature of the allegations made in the impugned FIR, the provisions of section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P. 1994 Cr.L.J., 1981, it is directed that the petitioners shall not be arrested in above mentioned case, till the credible evidence is not collected by the I.O. during pendency of the investigation.

With the above direction this petition is finally disposed of.

Order Date :- 9.7.2014

RPD